Appeal Court Hears Ifeanyi Ubah's Case Five Days to Expiration

The Court of Appeal on Monday adjourned till March 12, 2020, to hear the appeal filed by Senator Ifeanyi Ubah against the judgment of a High Court of the Federal Capital Territory (FCT), which ordered his removal from office as Senator representing Anambra South senatorial district in the National Assembly.

A three-man panel of Justices of the appellate court led by Justice Stephen Adah adjourned the matter to enable parties respond to a fresh application filed by Ubah.

The hearing would be coming barely five days to the expiration of the suit.

According to the provisions of the law, political matters have a life span of 60 days at the Court of Appeal, following which the case automatically becomes statute-barred and its outcome a mere academic exercise.

When the matter was called, counsel to the appellant, Dr. Onyechi Ikpeazu (SAN), informed the court that he filed a motion before the court this (yesterday) morning, and had also served all parties.

However, while lawyers to the second and third respondents, J. B. Marshall and M. Danbaba respectively, admitted service, they said they would not be responding to the motion.

But counsel to the first and fourth respondents, N. A. Mohammed and Professor H. A. Olaniyan, asked for time to respond to the motion.

The respondents are Anani Chuka, Young Progressive Party (YPP); Independent National Electoral Commission (INEC), and Dr. Obinna Uzoh.

Consequently, Justice Adah gave the two respondents two days to file their responses and one day to the appellant to reply on point of law, if any, and adjourned the matter till March 12 for hearing of both the motion and appeal.

Justice Bello Kawu had on January 17, 2020, affirmed his order which nullified Ubah’s election on the premise that he allegedly used a forged National Examination Council (NECO) certificate to contest the senatorial election that was held in Anambra South on February 23, 2019.

The court had on April 11, 2019, after sacking Ubah, ordered the INEC to withdraw the certificate of return it issued to Ubah and issue a fresh one to Dr. Obinna Uzoh of the Peoples Democratic Party (PDP), who came second at the election.

Miffed by the decision, Ubah had on same day approached the Court of Appeal to set aside the judgement which he insisted occasioned grave miscarriage of justice against him.

In the appeal predicated on four grounds and filed by Dr. Onyechi Ikpeazu (SAN), the senator insisted that he was denied fair hearing by the trial court.

Ubah claimed that he was neither served with the Originating Processes nor hearing notice with respect to the suit that led to his sack from the Senate.

Besides, he argued that the Abuja court lacked the territorial jurisdiction to hear and determine a pre-election matter that arose from election that was held in Anambra State.

However, in his further affidavit in support of his motion on notice filed on March 6, 2020, Ubah is however asking the Court of Appeal to set aside the judgment of Justice Kawu on the grounds that the entire proceedings and the judgment emanating from there are manifestly incompetent being a nullity.

According to him, the proceedings amounts to a nullity on the grounds that: "As at the time the judgment in suit no: FCT/HC/CV/3044/2018 was purportedly delivered, the suit had not been filed as filing fees had not been paid.

"That as at the date of filing of this action, the appellant/applicant had been duly elected as the senator representing Anambra South senatorial district and his election has been affirmed on September 9, 2019, by the Election Petition Tribunal in Awka, Anambra State.

"That having regards to the date of payment of filing fees, suit no: FCT/HC/CV/3044/2018 was a post-election matter and the lower court had no jurisdiction to entertain same.

"That by the above, the suit as well as the entire proceedings and the judgment emanating from there are manifestly incompetent being a nullity.”

Meanwhile, the appellate court has reserved ruling in the suit filed by the PDP senatorial candidate, Chief Chris Uba.

Chris Uba is challenging the judgment of Justice Kawu, which had dismissed his application seeking to be joined as an interested party in the substantive suit filed by an electorate in the state, Mr. Anani Chuka.